MEMORANDUM

The Comittee of the Executive Council hâve had under their considération thc Despatch of His Grâce the Duke of Xcwcastle of the 21st August last.

In this Despatch His Grâce directs attention to the présent state of the defences of this Province, to the anxicty which is entertained by the British Government in regard to them, and to the nieasures, which in His Grace's judgment are uecessary, on one hand to fulfil the expectations of Great Britain, and on the other to place Canada in a position to meet any emergency. His Grâce alludes to the misapprehension produced in the minds of the English people by the rejection of the Militia Bill, prepared by their predecessors, justly remarking, however, that that proceeding on the part of the Provincial Parliament does not afford évidence of an unwillingness to make proper provision for the defence of the Province. Whilst disclaiming both the right and the désire to interfère in the politics of Canada, His Grâce urges the importance of speedily resuming "measures for some better military organization of the inhabitants of Canada than that which now exists," and he proceeds to set fortli certain suggestions of Her Majesty's Government in référence to this subject. The opinions of military authorities are appealed to, to show that any troops furnished by England would be unequal to the protection of Canada, without the efficient aid of its own people; and suggestions are offered in regard to the form in which this aid may be most advantageously rendered. His Grâce states that the population capable of bearing arms should receive that organization, and acquire that habit of discipline which constitute the différence between a trained force and an armed mob; and that fifty thousand [50,000] is "the smallest number of men" which the Province should hâve in a state of partial familiarity with

(1) Sessional Papers, 1863, No 15, (dernière pièce, non indexée). — Sessional Papers, 1868, No 63, supplementary return, April 16th, 1868.

drill and other military duty. It is recomnicnded that one Company of cach liât ta lion of Sedentary Militia, or more, should be drilled every year, that the training of a large number of mcn may thus be gradually effected.

Préparations of this character and to this extent are calculated, His Grâce remarks, to maintain and improve the crédit of the Province in the money markets of Europe. In conformity with this view, His Grâce expresses himself convinced of the dcsirableness of steps being takcn to sccure a basis of Provincial taxation apart from customs duties, and the bettcr to secure the permanence of such an organization as his Grâce proposes, he recommends "that its administration and the supply of funds for its support should be exempt from the disturbing action of ordinary politics."

The expediency of defraying the charge for the Militia, or a certain fixed portion of it, from the Consolidated Fund of Canada, or voting it for a period of three or fivc years, is further suggested as a menus of removing the Militia question from the arena of party politics. Another aspect of the question is presented by His Grâce, namely the desirableness of uniting the défensive measures of Canada with the défensive mcasures of the other British Provinces on the American Continent, "that one uniform System of militia training and organization" may be introduced into ail of them. Such a scheme, It is added, must cmanate from Her Majesty's Government, and the opinion of Your Excellency's advisers is desircd in relation to it; His Grâce being of opinion that a union for defencc may précède any political union of the North American Colonies.

The Despatch of His Grâce involves matters of the highest importance and affirms a principle which for the first time cornes in a practical shapc before the peoplc of Canada. Your Excellency's advisers hâve not been unmindful of the discussions upon the subject which hâve taken place in the Impérial Parliament, but until now they havc not been called upon to consider the principles of a policy so gravely affecting the relations of Canada to the mother country.

The friendly spirit in which His Grâce has conceived his Despatch will be cordially reciprocated by the Canadian people. The promptitude and liberality with which Her Majesty's Government provided for the protection of the Province when, on a récent occasion, danger seemed to menace it, are fully appreciated and it is gratifying to know that the loyalty and ardor manifestcd by Canada in an emergency which lier people had done nothing to producc, and were wholly unable to prevent, are, in tum, duly understood and valued by the Home Government.

It is not doubted that the same mutual regard and confidence will be exhibited in any communication or négociation which may follow His Grace's Despatch. At the same time howevcr, it is felt that in dealing with a question affecting so deeply the présent and future welfare of the Province, care should be taken to base any arrangements, that may be entered into upon something more solid than sentiment, more enduring than any proposai not recognizing the rights and interests of the Canadian people.

Before proceeding to express an opinion upon the propositions contained in His Grace's despatch, Your Excellency's advisers cannot refrain from rccalling the circumstances under which they assumed the responsibilities of office. Their predecessors, they cannot forget, presented to Parliament a scheme which failed to obtain the support of that body, and which, so far as can be ascertained, was extremely distasteful to the country. It failed of success not only on the ground that the method of cnrollment proposed was in itself highly objectionable, but becausc it established a machinery cumbrous in its character, and at variance with the habits and genius of the Canadian people, and entailing an expenditure far more in excess of the sum which the législature and the peoplc havc declared themselves willing to provide. The rejection of the measure by a majority of the Législative Assembly was the resuit, not of party combinations, but of a deliberate conviction that its principle was unadapted to the occasion, that the more striking of its features were obnoxious to the Province, and that the financial resources availablc for military purposes were unequal to the outlay that would hâve followed the enactment of the Bill.

The Volunteer organization, Your Excellency's advisers were convinced, is that alone through which the military spirit of the people must find vent in a period of peace. In case of an actual emergency, Your Excellency's advisers arc persuaded, the response to an order calling out the Militia would be unanimous. But there is a decided aversion to compulsory service, except in the présence of actual danger.

With their knowledge of the umvillingness of the people to act under the compulsory System — with the very strong and gênerai expressions of préférence for the

volunteer system, winch secures to them the choicc of company officers — and with proofs of the growing vigor of the volunteer organization under circumstances of dubious encouragement, your Excellency's advisers first entered upon the considération of the question which had led to the defeat and résignation of their predecessors. The view entertained by Parliament, and, as its members believed, reflected in the disposition of the people, is that which commended itself to the judgment of the Executive Council. They addressed themselves to the subject, therefore, anxious to lay the foundation of an efficient défensive organization, but convinced of the necessity of Consulting the public will, so far as the voluntary nature of the organization is concerned, and convinced also of the necessity of so adjusting the expenditure as not to add to the embarassmentsi winch were then, and still are amongst the chief obstacles to every ncw enterprize originating with the Government.

In this spirit amendments were made to the Militia Law previously in force; the aim of the new Government being to infuse vitality into the Voluntary branch of the service, to encourage the formation of Volunteer Companies in rural districts, and to provide measures for the better disciplining of the force. The appropriation made by Parliament for thèse purposes was largely in excess of the vote for the previous year and was fully as large as the circumstances of the Province would justify a Government in asking at the hands of the Législature, except in the présence of emergencies which as yet do not exist. In 1861 the appropriation was $84,970; in 1862, $250,000.

Your Excellency's advisers hâve thus endeavorcd to cxhibit the policy which in their judgment is best suited to the circumstances of the Province and the habits of its people. They point with confidence to what they hâve done and what they are prepared to do as évidence of their détermination to fulfil their duty in regard to the defence of the Province. They hâve held office less than five months, and their exertions during that brief period hâve been neither slight nor improductive. Whatever différence of opinion exists hère or in England on the merits of particular parts of their scheme, at least they hâve provcd how fully they appreciate the importance of the subject of His Grace's Despatch; and they look forward without any misgivings to the realization of results which will vindicate the wisdom, patriotism and loyalty of the course they hâve pursued.

Unquestionably, the plan proposed is in part expérimental. Everything of the kind must bc so at the outset. Military tastes and aspirations hâve not been cherished by our people, and the attempt is now for the first time to be made to accustom them to labors and duties other than those of peaceful life. In entering upon this task the Government cannot too carefully consult the feelings and habits of those on whom reliance must be mainly placed in the présence of danger — the more youthful and active part of the population embraced in the Sedentary force.

The question for the Government to consider is, how best to accomplish this end, and time and expérience are required not only to test the sufficiency of measures now or soon to be in opération, but to remove the préjudice with which military service is regarded and to enable those charged with the administration of affairs to ascertain the feasibility of a more extended scheme. It is possible that some further législation raay be called for to remedy defects which only expérience can reveal; and Your Excellency's advisers will be prepared to address themselves to the subject, so soon as it shall corne before them in a practical shape, adhering falthfully to the gênerai principles of the policy herein set forth, but widening and modifying their action in conformity with the teaching of their présent trial.

The proposai of His Grâce to organize and drill not less than 50,000 men, is not now for the first time presented to the Province. The measure prepared by the late Government and rejected by the Législature, contemplated the formation of a force to that extent, and Your Excellency's advisers cannot disguise their opinion that the Province is averse to the maintenance of a force which would seriously dérange industry and tax its resources to a degree justifiable only in periods of imminent danger or actual war.

The people of Canada doing nothing to produce a rupture with the United States, and having no knowledge of any intention on the part of Her Majesty's Government to pursue a policy from which so dire a calamity would proceed, are unwilling to impose upon themselves extraordinary burthens. They feel that, should war occur, it will be produced by no act of theirs, and they hâve no inclination to do anything that mav

secm to foreshâdow, perhaps to provokc, a state of things which would be dlsastrous to cvery interest of the Province. On this ground their représentatives in Parliament assembled rejected the proposition to organize 50,000 men, or, indeed, to commit the Province to a much smallcr force; and récent élections in various localities embracing more than one third of the population of the Province, hâve shewn that in this respect public feeling has undergone no change. So far as is known, not a single candidate has ventured to déclare himself in favor of a measure so extensive as that which was prepared by the late Governement, and is now again recommended by His Grâce. Your Excellency's advisers therefore find themselves fortified by public opinion. Their own estimate of what is required and of what may most advantageously be done, is confirmed by the calm judgment of the people.

His Grâce recommends "a basis of taxation sounder in itself than the almost exclusive reliance on customs duties," the évident intention being by direct taxation to obtain an increase of income commensurate with the increase of expenditure which would follow the organization of the large force proposed. Without entering into a discussion of the relative inerits of direct and indirect taxation, Your Excellency's advisers feel that it would not be prudent, suddenly or to any large extent, to impose direct taxation for military purposes. This is not the occasion for adopting a principle hitherto unknown in the fiscal policy of the Province, and assuredly this is not the time for plunging into an experiment for which the people of the Province are unprepared. No more serious mistake can be committed than to conduct an argument upon the supposition that the ability of the Canadian people to sustain taxation is greater than has hitherto been acknowledged in the fiscal arrangement of the Government. The wealth of the country is in its lands. If the people are in the enjoyment of comparative wealth, it is so invested as to be not readily available for the production of a large money income. Your Excellency's advisers believe that no Government could exist that would attempt to carry out the suggestion of His Grâce for the purpose dcsigned.

The maintenance of the Provincial crédit abroad is undoubtedly an object which the administrators of the affairs of the Province should at any cost accomplish. Your Excllency's advisers submit that their various measures demonstrate the sincerity with which they are striving to préserve the public crédit unimpaired. They contend, howevcr, that not the least importunt of the agencies to be employed to this end is the exhibition of a due regard to the mcans at the command of the Province. They hold that they are more likely to retain the confidence of European capitalists by carefully adjusting expenditure to income, than by embarking in schemes, however laudable in themselves, beyond the available resources of the Canadian people. That they are not unwilling to try to the utmost to comply with the suggestions of the Impérial Government is evidenced by the manner in which the projected Intercolonial Railway has been entertained. Their conduct in this matter should relieve them from every imputation. At the same time, they insist that they are and must be allowed to be the best judges of the pressure which the Provincial crédit can sustain. They are prepared, subject to certain conditions, to encumber this crédit with liabilities arising out of the Intercolonial Railway, but they are not prepared to enter upon a lavish expenditure to build up a military system distasteful to the Canadian people, disproportionate to Canadian resources, and not called for by any circumstance of which they at présent hâve cognlzance.

Another suggestion embraced in His Grace's Despatch is well calculated to excite surprise. Your Excellency's advisers allude to that portion of the despatch in which His Grâce proposes to remove the control of funds required for Militia purposes from the domain of Parliament. His Grâce is evidently aware that the proposition wears the aspect of "an interférence with the privilèges of the représentation of the people", and it is certain that any measure liablc to this construction never will be, and ought not to be, entertained by a people inheriting the freedom guaranteed by British Institutions. The Impérial Parliament guards with jealous care the means of maintaining the military and naval forces of the Empire. Its appropriations are annually voted, and not the most powerful minister has dared to propose to the House of Commons the abandonment of its controlling power for a period of five years. If the disturbing action "of ordinary politics" is a reason for removing the final direction of Military préparations from Parliament, it is in every sensé as applicable in England as in Canada. What the House of Commons would not under any circumstances of danger entertain, is not likely to be entertained by the Législature of Canada. Whatever

evils are incident to représentative institutions, the people of a British Province will not forget that they are trivial in comparison with those which are inséparable from arbitrary authority. Popular liberties are only safe when the action of the people retains and guides the policy of those who are invested with the power or directing the affairs of the country. They are safe against military despotism, wielded by a corrupt Government, only when they hâve in their hands the means of controlling the supplies required for the maintenance of a military organization.

A union for defence is proposed by His Grâce the Secretary of State for the Colonies. A union of the British North American Provinces for the formation and maintenance of one uniform System of military organization and training, having a common défensive fund and approved by Her Majesty's Government. A union whose détails would "emanate from the Secretary of State," and whose management would be entirely independent of the several local législatures. Your Excellency's advisershâve no hésitation in expressing the opinion that any alliance of this character cannot at présent be entertained. An Intercolonial Baïlway seems to be the first step towards any more intimate relations between the British North American Provinces than those which now exist. The construction even of this work is by no means certain. Although this Government, looking at it mainly as a means of defence, lias entertained the preliminaries in common with delegates from the Provinces of Nova Scotia and New Brunswick, it is prématuré just now to speculate upon the possible political conséquences of an undertaking which may never be consummated. Certain it is, however, that there can be no closer Intercolonial union of any kind until increased facilities for inter-communication are provided; and equally certain that the Provinces, supposing them to be hereafter united, will never contribute to an expensive System of defence, unlcss it be subject to their own control. Speaking for Canada, Your Excellency's advisers are sure that this Province will continue to daim the exclusive right of directing the expenditure of the public moneys.

Your Excellency's advisers now turn to the gênerai principle which underlies the argument of His Grâce. That the right of self-government has for a corrélative duty the maintenance of provision for defence, is a proposition which in the abstract is indisputable, but it is only indisputable in the case of Governments of States which are sovereign in themselves. As between a Colony and the Parent State it cannot be said to exist in the same sensé.

A British Colony must submit to ail the conséquences of conflicts produced by the policy which Her Majesty's Government may carry out in the interest of the Empire at large. It is not enough that a Colony endowed with self-government provides for the préservation of peace and order within its own boundaries. It is not enough that a Colony so situated must endure ail the conséquences of a line of action which its own Legislators hâve no voice in originating, and towards the termination of which they can do nothing. A further responsibility is held to attach to the Colonial relation. The Colony, although the théâtre or ruinous hostilities, must furnish its quota in aid of the Impérial army and contribute a share to the attendant expenditure.

In the case of Canada, the strongest advocates of the new theory of the Colonial relation are compelled to admit — that an exception to the gênerai rule must be made. — Even they who demand the withdrawal of ail troops from self-governing Colonies are obliged to concède that some spécial allowance must be made in favour of Canada. Their reasons for an exceptional policy towards this Province are apparent. Situated on the border of a vast and powerful Republic, with a frontier extending upwards of a thousand miles, with no deep back country to sustain it, and accessible in case of war at numerous points, it is admitted that Canada should be assisted to the full extent of the Impérial resources. The despatch of His Grâce seems in some measure to conflict with this view. His Grâce, while promising libéral assistance, contends that any available supply of regular troops would be unequal to the defence of the Province — and that the main dependence of such a country for defence must be upon its own people. Your Excellency's adivers would not be faithful to their own convictions or to the trust reposed in them if they withheld an expression of their belief that without very large assistance, any efforts or sacrifices of which the people of the Province are capable, would not enable them successfully and for any lengthened period to repel invasion from the neighboring Republic. They hâve relied for protection in some degree upon the fact, that under no conceivable circumstances will they provoke war with the United States, and if therefore Canada

should become the théâtre of war rcsultinjr for Impérial policy, whilc it would cheerfully put forth its strength in the defcnce of its soil, it would nevertheless be obligée! to rely for its protection mainly upon Impérial resourecs; and in such an event it is their opinion that they would be justified in expecting to be assisted in the work of defence with the wholc strength of the Empire.

It is not necessary at this stage of their history, to put forward assurances of the readiness of the Canadian people to assume whatever responsibilities belong to them as subjects of Her Majesty. Their dévotion has been exhibited too often to be open to doubt or dépréciation. They hâve made sacrifices that should relieve them from suspicion, and which Her Majesty's Government should remember as a pledge of their fidelity. Xo portion of the Empire is exposed to sufferings and sacrifices equal to those which would inevitably fall upon this Province in the event of war with the United States. No probable combination of regular troops and militia would préserve our soil from invading armies; and no fortune which the most sanguine dare hope for would prevent our most flourishing districts from being the battle-field of the war. Our trade would be brought to a standstill, our industry would be paralysed, our richest farming lands devastated, our towns and villages destroyed, homes, happy in peace, would be rendered misérable by war, and ail as the resuit of events for the production of which Canada would be in no wise accountable.

Your Excellency's advisers advert to thèse 'contingencies of our position, not to justify inaction but to shew the unfairness of demands predicated upon alleged selfishness and slotli on the part of Canada. They simply point to conséquences which it is criminal to conceal, and to dangers which it is folly to deny. So far as their own policy is concerned, they are content to rely upon a fair interprétation of the measures they have adopted and others that are in contemplation. They hâve reminded Your Excellency that the appropriation obtained from Parliament is as large as the state of the finances will allow it to be and they have glaneed at their plans for the purpose of proving the wisdom and justice of their course. Their anxiety is to do ail that ought to be donc, and to do this in a manner acceptable to the Province. They have a right to claim, therefore, that their exertions shall be considered in the temper and the light in which they have been undertaken, confident that time will vindicate the sagacity of their measures and the loyalty of the Canadian people. They will be happy to lcarn that their efforts receive the approval of Her Majesty's Government. Whether this hope be realized or not, they are satisfied that they are acting in conformity with the wishes and interests of the people, whose confidence elevatcd them to their présent responsible position, and whose will they are bound in ail cases to respect. Certified,